HomeMy WebLinkAbout1992-088ALL0023A
ORDINANCE NO 9; _ G R?
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO
OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE PROGRAM, AUTHORIZING THE
EXPENDITURE OF FUNDS AND ADMINISTER THE PROGRAM, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Denton, Texas has submitted an appli-
cation for funding, under the National School Lunch Act, to the
Texas Department of Human Resources for the purpose of making meals
available to eligible children at the City's Summer Action Site
programs, and
WHEREAS, the City will contract with the Denton Independent
School District to provide the meals at the various sites,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I That the City Manager is hereby authorized to
execute, on behalf of the City, the Summer Food Service Program
Agreement with the Texas Department of Human Services, a copy of
which is attached hereto and incorporated by reference herein
SECTION II That the City Manager is hereby authorized to
execute a contract with the Denton Independent School District to
provide meals for eligible individuals at the various sites, and
such certifications as are necessary to carry out the food service
program, and to handle all fiscal and administrative matters
relating to the application and the program
SECTION III That the expenditure of funds necessary to
administer the Summer Food Service Program is hereby authorized
SECTION IV That this ordinance shall take effect immediately
from and after its passage
PASSED AND APPROVED this the /p-�7/ day of , 1992
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
BY
Page
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
Page 2
SUMMER FOOD SERVICE PROGRAM
AGREEMENT
STATE OI'TEXAS
COUNTY iOF TRAVIS §
The Texas Department of Human Services, hereinafter referred to as DHS,
Texas Depat ,aid of Human Services AND
Received City of Denton
APR 151992 parks and Recreation Department
Nutrition �ssistantance Services
Ft Worth, Texas
hereinafter referred to as the contractor, do hereby snake and enter into this contract, as required by the
National School Lunch Act (Section 13) and the Summer Food Service Program, hereafter referred to as
the SFSP, #ederal Regulations (7 Code of Federal Regulations [CFR], Part 225)
L
MUTUAL AGREEMENTS
The Partf $ mutually agree
A. If he contractor fails to provide services in accordance with the provisions of this contract, the
De rtment may, upon written notice of default to the contractor, immedlately terminate the
while or any part of this contract and refuse to pay claims for reimbursement. Such termination
an /or refusal to pay claims for reimbursement shall not be exclusive remedy but shall be in
addition to any otlper rights and remedies provided by law or under this contract.
B If oral Sad state laws or other requirements are amended or judicially Interpreted so that the
tb tinr
lent of this contract, on the pan of either party, is substantially unreasonable or
im i*w parties are unable to agree upon any amendment which would therefore be
n deadl the substantial continuation of the services contemplated by this contract, then
the patties ,bail be discharged from any further obligations created under the terms of this
contract, accept for the equitable settlement of the respective accrued interest or obligations,
including audit findings, incurred up to the date of termination.
C. ooatract may be canceled by mutual consent However, if such mutual consent cannot be
at ed, then and in that event, either party to this contract may consider it to be canceled without
ca by giving thirty, (30) days notice in writing to the other party and tble contract shall
upoa be canceled upon the expiration of such thirty (30) day period Nothing let this
pa graph shall be construed to prohibit immediate cancellation pursuant to above paragraphs A
andror B
II
CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. The contractor will comply with the SFSP Federal Regulations (7 CFR, Part 225, as amended),
Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), and state policies and
procedures as issued and amended by DHS The contractor further agrees to perform as
described in its application (including supporting documents and approved amendments to the
application) for participation in the SFSP
B The contractor accepts final administrative and financial responsibility for food service operations
at each site sponsored by the contractor This responsibility includes the performance of the
conditions of settlement of any audit exceptions or payment deficiency in the program and the
collection and repayment of any amount paid in excess of the proper claim amount which are
found after monitoring or auditing by DHS or the United States Department of Agriculture
(USDA) This responsibility applies to this contract, and all subcontracts hereunder
C. The contractor will apply to DHS for approval of changes to its original application and for prior
authorization for field trips if meals served on the field trips will be claimed for reimbursement.
Requests for changes and field trip authorization must be received by DHS at least five (5)
calendar days before the requested effective date for the change or the field trip Contractors will
notify DHS within five (5) days of the termination of an approved food service site
III
SFSP RECORD KEEPING
A. The contractor will keep financial and supporting documents, statistical records, and any other
records pertaming to the services for which a claim is submitted The records and documents will
be kept for at least three (3) years and ninety (90) days after the termination of the contract
period If any litigation claun or audit involving these records begins before the stipulated time
period expires, the contractor will keep the records and documents for not less than three (3) years
and ninety (90) days after the termination of the contract period and until all litigation, claims or
audit findings are resolved The case is considered resolved when a final order is issued in
litigation or a written agreement is signed by DHS and the contractor Extensions are considered
as separate contract periods
B The contractor and its subcontractors will allow DHS and USDA officials and other appropriate
officials determined by DHS to inspect facilities and records and to audit, examine, and copy
records at any reasonable time This includes access to all records of costa paid, even in part, by
DHS
IV
CIVIL RIGHTS POLICY COMPLIANCE
A. The contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 352),
and all requirements imposed by the regulations of the Department of Agriculture (7 CFR, Parts
15, 15a and 15b) Department of Justice (28 CPR, Parts 42 and 50) and USDA and DHS directives
or regulations issued pursuant to that Act or the regulations, Section 504 of the Rehabilitation Act
of 1973 (Public Law 93 112), The Americans with Disabilities Act of 1990 (Public Law 101 336),
and all amendments to each, and all requirements imposed by the regulations issued pursuant to
these acts In addition, the contractor agrees to comply with Title 40, Chapter 73, of the Texas
Administrative Code These provide in part that no persons in the Untied States shall, on the
grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded
from participation in, or denied, any aid, care, service or other benefits provided by federal and/or
state funding, or otherwise be subjected to discrimination under any program or activity for which
the contractor receives federal financial assistance from DHS and USD,& and hereby gives
assurance that it will immediately take any measures necessary to effectuate this agreement
B The contractor agrees to comply with Texas Revised Civil Statutes Article 4419b-4, Sections 5 03
and 5 04 (relating to workplace and confidentiality guidelines regarding AIDS and HIV)
C This assurance is given in Consideration of and for the purpose of obtaining any and all federal
financial assistance, grants and loans of federal fund, reimbursable expenditures, grant or donation
of federal property or Interest in such property, the detail of federal personnel, the sale and lease
of, and the permission to use, federal property or interest in such property or the furnishing of
services without consideration or at a nominal consideration, or at a consideration which is reduced
for the purpose of assisting the recipient, or in recognition of the public interest to be served by
such sale, lease or furnishing of services to the recipient, or any improvements made with federal
financial assistance extended to the contractor by DHS This includes any federal agreement,
arrangement, or other contract which has as one of its purposes the provision of assistance such as
food, cash assistance for the purchase of food, rental of food service equipment or any other
financial assistance extended in reliance on the representation and agreements made in this
assurance
D This assurance a binding on the contractor, Its successors, transferees, and assignees as long as it
receives assistance or retains possession of any assistance from DHS or USDA. The person whose
signature appears on this contract is authorized to make this assurance on behalf of the contractor
V
DHS CLAIMS PAYMENT
DHS will, subject to the, federal appropriation and availability to DHS of sufficient funds for the SFSP,
make program payments to the contractor in accordance with the terms of this contract. No
reunbursement shall be Made for performance under this contract occurring prior to (a) the beginning
effective date of this contract or (b) a later date established by DHS based on the date of receipt of a fully
executed co of r[laellt or ini Services
Texslepa
Received
APR 151992
Nutrition Assistantance Services
Ft Worth, Texas
VL
CERTIFICATION
The contractor agrees to comply with the requirements of the Immigration Reform and Control Act of
1986 regarding employment verification and retention of verification forms for any individuals hired after
November 6, 1986, whorwtll perform any labor or services under this contract
The contractor cerufies that all information submitted pursuant to this agreement Is true and correct The
contractor understands that the deliberate misrepresentation or withholding of information is a violation of
this contract and may result in prosecution under applicable state and federal statutes
VII
EFFECTIVE DATE AND SIGNATURES
For the faithful performance of the terms of this contract, the parties hereto in their capacities stated, affix
their signatures and bmd themselves
City of Denton Parks and Recreation Dept
Name of the Contracting Organization
(Please Print or/Type)
contracting organization
Lloyd Harrell
Name
City Manager
TItle
Please print or type, in the spaces provided above, the name and title of the authorized representative
signing this agreement on behalf of the contracting organization.
33 'rP$ US OSPART.�1Ml�L OP H� RJ7rRVICF�l „3i ^y�"srv'w"yr
a �
"fia�6S eM,d
Efecdve Dates June 8, 1992 through August 21, 1992
By, t'1-�&ti
Date
Revised January 1992
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